Contractor Transition. 30.1 When a job location changes from one cleaning contractor to another (both of whom are signatory to a collective bargaining agreement with Local 32BJ), the respective companies are obligated to pay the remaining pro-rata vacation payments based upon the proportion of the calendar year each cleaned the facility, account or job. For example, if a contractor cleaned a facility up to July 31st, that contractor would be responsible to pay seven- twelfths (7/12th) of the remaining unpaid vacations and the new contractor would be obligated to pay five-twelfths (5/12th) of the remaining unpaid vacations for that year. Any holiday which was switched to a later date in accordance with the Agreement shall be the responsibility for the contractor in the building as of the date switched to. The leaving contractor shall pay its share of the accrued vacations to anyaffected employees on its last payday at the job location. Prior to relinquishing the job location to the new contractor, the leaving contractor shall provide the Union with a list of all the employees, their scheduled hours, their scheduled vacation, personal and sick days, if any, for the year, and an itemization of how much of this time off has been taken and/or paid for. Failure to provide this list to the Union, within fourteen (14) days, after relinquishing the facility shall obligate the leaving contractor to pay affected employees the balance of the year’s paid time off.
30.2 When taking over or acquiring a job location covered by this Agreement, the Employer is required to retain the incumbent employees and to maintain the same number of employees (and their respective hours) as were employed at the facility, account or job of the predecessor Employer, provided that the staffing level does not exceed the level in effect ninety (90) days prior to the takeover, except where there were increases in the staffing levels during that period resulting from customer requirements. Any Employer who adds employees to any job in anticipation of being terminated from that job location shall be required to place the added employees on its payroll permanently. These employees shall not replace any regular employees already on the payroll of that Employer. The Employer may not reduce the staffing level on takeover of the facility, account, or job unless the Employer can demonstrate an appreciable decrease in the work to be performed.
30.3 Employees retained by the Employer shall be given credit for length of servi...
Contractor Transition. Section 1. Whenever the Employer takes over the servicing of any job location, building or establishment covered by this Agreement, the Employer agrees to retain all permanent employees at the job location, building or establishment, including those who might be on vacation or off work because of illness, injury or authorized leaves of absence, provided that employment will be offered to those employees who satisfy the hiring and employment standards of the Employer. If a customer demands that the incoming Employer remove an employee from continued employment at the location, the Employer shall have the right to comply with such demand and not offer that employee employment. In the event the Employer elects to retain said employee, the Employer agrees to honor seniority for wage and benefit purposes, and shall not require the employee to serve a probationary period as described in Article II (Probationary Period).
Section 2. The outgoing Employer will be responsible to pay all wages and vacation accrued for each employee to the date of the takeover.
Section 3. Subject to the provisions of Article IX (Seniority), when an incumbent officer is not hired by the new contractor, the outgoing Employer will place the employee in a job at another account or location covered by this Agreement without loss of seniority or reduction in wages or benefits. If the Employer has no other accounts or locations under this Agreement where there are positions at the employee’s same wage rate and benefits, the employee shall be placed at another account or location of the Employer covered by this Agreement in a lower wage category, or where there are lesser benefits; or, at the employee’s option or where the Employer has no other account vacancies, the employee may be laid off. If the employee is placed at another account or location of the Employer in a lower wage category, or where there are lesser benefits, or if the employee is laid off, the employee shall have the right, subject to the Employer’s suitability determination, to fill positions that become available within three (3) months if the Employer obtains, or a vacancy occurs at, another account subject to this Agreement where the wage rate and benefits are at least equal to the wage rate and benefits previously enjoyed by the employee with the outgoing Employer.
Section 4. The Employer shall notify the Union, as soon as practicable, once it has knowledge that a non-Union security contractor is bidding on a covered acc...
Contractor Transition. 6.1 When acquiring or otherwise assuming the servicing of an account within the scope of this Agreement where the Union is the collective bargaining representative of the employees, the Employer agrees to hire the employees who have been working at the account immediately before takeover, including those who might be on vacation or off work because of illness, injury or authorized leaves, provided that their employment is consistent with applicable law and the Employer’s reasonable hiring and employment standards. For purposes of this Article the Employer shall hire based on the predecessor employer’s staffing levels in effect ninety (90) days prior to the contractor transition date, except where there were increases in the staffing levels during that period resulting from customer requirements. Any employer who adds employees to any job in anticipation of being terminated from that job shall be required to place the added employees on its payroll permanently. Staffing level information shall be provided by the Union upon request. The Employer may reduce the staffing level on takeover of the account if the Employer can demonstrate a commensurate, appreciable decrease in the work done or a different, more efficient method to provide the work required under the terms of the new customer contract. Any such reduction shall be in inverse order of seniority.
6.2 Employees hired by the Employer shall be given credit for length of service with the predecessor employer(s) as set forth in Article 7. Employees hired on takeover shall not have their rates of pay or hours of work reduced. Any disciplinary action in an employee’s file upon transition shall be admissible by the successor employer at arbitration and shall be accepted by the Arbitrator regardless of hearsay objections.
6.3 The Employer shall notify immediately the Union in writing as soon as the Employer receives written cancellation of an account or part of an account. Within five (5) business days of such cancellation notice, the Employer shall provide to the Union a list of all affected employees and their Employee Information. The Union shall provide this information to the successor employer but is not responsible for its accuracy.
6.4 The Employer shall provide the Union within five (5) business days of assuming an account a list of all affected employees and their Employee Information.
Contractor Transition. If the Department awards a contract to another contractor to perform services presently being performed by the Contractor under the Contract, the Contractor shall cooperate with the Department and the new contractor in facilitating the transition as the Department directs, including providing the new contractor with a copy of all the current policies, procedures and work plans applicable to the institutions covered by the Contract.
Contractor Transition. Should the Village select a different hauler at the expiration of the Contract, the Contractor shall agree to refund to all customers the full purchase price of any Refuse and Yard Waste disposal stickers returned to the Contractor within thirty (30) days after such Contract expiration. The Contractor shall reimburse retailers as appropriate for returned or unsold Refuse and Yard Waste disposal stickers within thirty (30) days from the expiration date.
Contractor Transition. An employer who takes over the account of another signatory employer may not require the predecessor’s employees to complete 1-9 Forms or be verified through E-verify unless required by law. An employer who loses an account to another signatory employer shall provide the successor with copies of the Form 1-9 file for each bargaining unit member employed at the account. Employment Records - Within 10 business days of the request, the employer shall provide employees with documents demonstrating the employees’ employment history with the employer and/or at the location.
Contractor Transition. SECTION 2.1 If a janitorial contractor or mechanical contractor performing work for the Employer changes for any reason during the life of this Agreement, there shall be no reductions in staff for any of the reasons enumerated in Section 26.1 or for any other reason for a period of sixty (60) days, unless the reason for such reduction within the sixty (60)-day period is substantial vacancies in the building that did not exist prior to the change in contractor, in which case there shall be no reduction in staff for a period of three (3) weeks after the change in contractor, although the Employer may earlier give the required notice of such a reduction in force pursuant to Section 26.2. An Employer that transfers employees to any job in anticipation of being terminated from that job shall be required to return such employees to their previous positions with full seniority.
SECTION 2.2 Employees retained by the Employer shall be given credit for length of service with the predecessor employer(s) for all purposes. Employees retained on takeover shall not have their rates of pay, hours worked, or other terms and conditions reduced.
SECTION 2.3 The Employer shall notify the Union immediately in writing as soon as (in no event later than three (3) business days after) the Employer receives written cancellation of an account/location. Within three (3) business days after receiving cancellation notice, the Employer shall provide to the Union a list of all employees at the account/location, their wage rates, the number of hours worked, the dates of hire, the benefit fund contributions made for employees (via benefit fund remittance reports, and supplements to such reports that detail any changes), and vacation entitlement and usage.
Contractor Transition. 6.1 When acquiring or otherwise assuming the servicing of an account or contract within the scope of this Agreement where the Union is the collective bargaining representative of the employees being acquired or assumed by the Employer, the Employer shall offer employment, in order of SEIU Local 1 Seniority Date, to the incumbent employees who have been working at the account immediately before takeover, subject to applicable law and the Employer’s hiring and employment standards. The Union shall provide the Employer with a list of incumbent employees and their SEIU Local 1 Seniority Dates as soon as possible but in no case no more than thirty (30) days after the Employer’s request for such list. Employees who are on an authorized leave of absence, vacation, or off work because of on-the-job illness, on-the-job injury, or off-the-job short-term illness or injury, shall be included in the list of incumbent employees provided by the Union who may be subject to hire by the Employer pursuant to this article. The Union is solely responsible for providing accurate SEIU Local 1 Seniority Dates for incumbent employees and the Employer is entitled to rely upon the same.
6.2 The Employer shall notify the Union in writing as soon as practicable after the Employer receives written cancellation of an account or part of an account. The Employer shall provide to the Union a list of all affected employees and their Employee Information after it has determined its operating plans for the remaining time that it will be the Employer on the account.
6.3 When assuming a new account, the Employer shall provide the Union a list of all newly hired employees and their Employee Information as soon as is practicable.
Contractor Transition. 5.1. When taking over or acquiring an account/location covered by this Agreement, the Employer is required to retain the incumbent employees and to maintain the same number of employees (and their hours) as were employed at the account/location by the predecessor employer, provided that the staffing level does not exceed the level in effect ninety (90) days prior to the takeover, except where there were increases in the staffing levels during that period resulting from customer requirements. Any employer who adds employees to any job in anticipation of being terminated from that job shall be required to place the added employees on its payroll permanently. These employees shall not replace any regular employees already on the payroll of that employer. An Employer that transfers employees to any job in anticipation of being terminated from that job shall be required to return such employees to their previous positions with full seniority. The Employer may not reduce the staffing level on takeover of the account/location unless the Employer can demonstrate an appreciable decrease in the work to be done.
5.2. Employees retained by the employer shall be given credit for length of service with the predecessor employer(s) for all purposes including but not limited to seniority and vacation entitlement, personal days, and completion of the trial period. Employees retained on takeover shall not have their rates of pay, hours worked or other terms and conditions reduced.
5.3. The Employer shall notify the Union in writing (no later than three (3) business days) after the Employer receives written cancellation of an account/location. Within three (3) business days after receiving cancellation notice, the Employer shall provide to the Union a list of all employees at the account/location, their wage rates, the number of hours worked, the dates of hire, the benefit fund contributions made for employees (via benefit fund remittance reports, and supplements to such reports that detail any changes), and vacation and personal day entitlement and usage, and the number of holidays.
5.4. Failure of the Employer to notify the Union as required in Section 5.3, coupled with the successor employer’s failure to recognize the Union and to maintain the terms and conditions of this Agreement, will require the Employer to pay liquidated damages to the affected employees equal to two months wages.
5.5. When an Employer bids on work covered by this Agreement, the Union will provide in ...
Contractor Transition. The Contractor will prepare and submit to the Department a Takeover Manual within one day of the Contract effective day. The Takeover manual will document the progress of the Contractor during the Takeover period. Throughout the Takeover period deliverables and revisions to existing sections and subsections will be submitted to the Department for insertion into the Takeover Manual. This manual will include a section or subsection for all deliverables and activities as required in the Takeover Section of this RFP. The Takeover Manual will be submitted in a standard size 3-ring binder. All updates and deliverables will be submitted to the Department with replacement page instructions for each attached deliverable to be inserted in the Takeover Manual. The Contractor is not limited to a maximum number of binders for the Takeover Manual.
